Legal Question in Criminal Law in Minnesota

My boyfriend is being charged with 5 felony counts consisting of: felony domestic assualt (3 counts), recieving stolen property, and violation of a domestic abuse no contact order. we live in MN where the max sentence is 5 years and/or $10,000. Does that mean if he takes them to trial and is convicted he will spend close to 20 years in prison? He has a lengthy criminal history consisting of similar or same charges. He currently has 6 felony points. How can he improve this ,matter?

Asked on 7/20/11, 2:14 pm

3 Answers from Attorneys

Landon Ascheman Ascheman Law

It is very unlikely that he would be serving anywhere near 20 years. However, due to the situation and past history, he will be looking at some serious time. The best thing he can do to improve this matter is to get a criminal defense attorney to represent him.

If you would like to discuss this case further, please feel free to contact our office for an initial consultation at no cost. 612-217-0077

Read more
Answered on 7/20/11, 2:24 pm
John Arechigo Arechigo & Stokka, LLP

Assuming, for the sake of your question, that your boyfriend is convicted of all 5 counts it is not likely that he will have to serve 5 years for each offense. Generally, when a criminal defendant is convicted of more than one offense and sentenced to some prison time, the sentences are served concurrently - at the same time - which means he would only serve one 5 year sentence. Now, the fact that your boyfriend has a criminal history score of 6 may complicate things. Minnesota uses sentencing guidelines, which take into account the severity level of the crime a defendant is convicted of together with the defendant's criminal history score, and arrives at a presumptive sentence that a court should impose. The more criminal history points a defendant has, the worse the sentence can get.

Your boyfriend is facing very serious felony charges and his criminal history score will only make things worse if he is convicted of even one of these offenses. The best thing your boyfriend can do at this point is consult an attorney. Don't let him talk to the police or negotiate a plea agreement until he's consulted with an attorney.

I can be reached at 651-222-6603 if you or your boyfriend have any other questions.

Read more
Answered on 7/20/11, 2:27 pm
Thomas C. Gallagher Gallagher Criminal Defense

It is quite rare for a person convicted of a crime to be sentenced to the statutory maximum. To get an idea of the what the worst case scenario might look like, we look at (1) any applicable mandatory minimum sentencing statutes; and (2) the presumptive sentence under the Minnesota Sentencing Guidelines, based upon severity level of the crime of conviction and criminal history score (and consider possible upward or downward departure facts).

Read more
Answered on 7/20/11, 3:12 pm

Related Questions & Answers

More Criminal Law questions and answers in Minnesota